Elba Express Company, L.L.C.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 40 Original Sheet No. 40

 

behalf at the Primary Delivery Point. COMPANY may, in its reasonable judgment,

determine that deliveries may be made at a lower pressure while meeting the firm

service for SHIPPER so long as the downstream facilities remain able, with such

lower pressure, to receive and transport the gas that COMPANY delivers on SHIPPER'S

behalf into the interconnection between COMPANY and such downstream facilities.

COMPANY and SHIPPER may on a case-by-case basis agree that scheduled deliveries may

be made at a lower pressure. Each delivery pressure to be so specified shall be

such pressure SHIPPER may request up to the pressure which, in the reasonable

judgment of COMPANY, can be continuously maintained without reducing the existing

deliverability, or impairing the efficient operation, of its system or any part

thereof, after giving effect to the reduction of pressure incident to measurement

and delivery of gas, it being recognized that delivery pressure may vary within the

control limitations of equipment used for reducing pressure in accordance with

generally accepted practice. Deliveries at Delivery Points where COMPANY has no

firm delivery obligation shall be delivered to or for the account of SHIPPER at the

working pressures maintained, from time to time, at such points.

 

8. LIABILITY OF SHIPPER AND COMPANY

 

8.1 Control of Gas:

 

For the purpose of determining the liability of COMPANY and SHIPPER, respectively,

SHIPPER shall be deemed to be in exclusive control and possession of the gas to be

transported until such gas has been actually received by COMPANY at the Receipt

Point, and after the gas has been delivered to the account of SHIPPER hereunder by

COMPANY at the Delivery Point. COMPANY shall be deemed to be in exclusive control

and possession of the gas transported hereunder only while it is in COMPANY'S

facilities. Title to that share of gas deemed to be used as compressor fuel,

company-use, vented, lost or unaccounted-for gas hereunder shall pass to COMPANY at

the Receipt Point.

 

8.2 Responsibility and Liability:

 

The party deemed to be in control and possession of the gas to be transported shall

be responsible for and shall indemnify the other party with respect to any losses

of gas (including gas lost as a result of force majeure but not including LAUF

gas), claims, liabilities or damages (except consequential damages in the case of

mere negligence) arising therefrom.

 

8.3 Force Majeure Declared by COMPANY or SHIPPER:

 

(a) Obligations: In the event of either COMPANY or SHIPPER being rendered

unable, wholly or in part, by Force Majeure to carry out its obligations

under the Service Agreement, other than to make payments due thereunder,

then on such party giving notice and full particulars of such Force Majeure

in writing, on SoNet Premier, by telephone (followed by written

confirmation to the addresses and Authorized Personnel referenced in

Section 18.2 and by e-mail to the other party as soon as possible after the

occurrence of the cause relied on, the obligations of the party giving such

notice, so far as they are affected by such Force Majeure, shall be

suspended during the continuance of any inability so caused but for no

longer period; and the party shall remedy such cause as far as possible

with all reasonable dispatch. Upon such notification, penalties under

Section 30 of the General Terms and Conditions will not be assessed for the

duration of the event of Force Majeure. Notice of an event of Force

Majeure does not, in the absence of other notice implementing an

operational flow order, require Shipper to take any specific actions other

than that necessary for SHIPPER to manage its own business in light of the

event of Force Majeure.